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July 112017 City Council Work Session
Dwelling, Housing and Lodging Definitions, Guide and Code excerpts
Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be
occupied or which is occupied as the home or residence of an individual for daily living and doing
his own cooking independently of any other individual or family in the same building (see
"Dwelling").
Apartment, owner or manager. An apartment within a building that is designed to be used
exclusively as the living quarters for the owner or manager family of that building or a
commercial business located in the building.
Condominium. A form of housing ownership by which a person may purchase and own one
dwelling unit in a multiunit building or development. Each owner owns a common interest in such
things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and
recreation rooms.
Commercial building apartment. An apartment located within a building designed to
accommodate a mix of residential and commercial uses.
Efficiency apartment (also called accessory, mother-i or studio ' ). A single separate
dwelling unit consisting of not more than one habitable room which includes combined kitchen,
dining and sleeping areas with accompanying sanitary facilities, and which is located within or
shares a common wall with a single-family dwelling.
•Mobile home. -A factory -built home designed to be used as a year-round residential dwelling anii
originally designed and mounted on wheels and/or axle supports for transportation by another
vehicle.
• Modular home. A factory -built residential structure that is transportable in one or more sections,
is built on a permanent chassis, and is used as a place of human habitation, but which is not
constructed with a permanent hitch or other device allowing transport of the unit other than for
the purpose of delivery to a permanent site, and which does not have wheels or axles
permanently attached to its body or frame. Includes factory -built and manufactured home.
• Multiple -family. A building designed as a residence for three or more families, with the number of
families in residence not exceeding the number of dwelling units provided and each living
independently of the other under one roof.
• Single-family, attached. A building containing two or more dwelling units, each of which has
primary ground floor access to the outside and which are attached to each other by party walls
without openings. Also commonly called townhouse, row house and zero -lot line.
• Single-family, detached. A building designed and/or used exclusively for occupancy of one family
and entirely surrounded by open space on the same lot.
•Two-family or duplex. A building containing two single-family dwelling units totally separated
from each other by an unpierced wall extending from ground to roof or unpierced ceiling and
floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both
dwelling units.
11III�����)age
Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleepin
accommodations and at least one bathroom and designed to be occupied exclusively as a
residence by one family (see "Apartment"). I
immediate
nursing• 43. Housing. _Structures providing housing for groups of people, such as students, employees or
homeresidents.
• s Bunkhouse. A building ' • as living quarters for people such as cannery w• or
construction laborers where shower and sanitary facilities are shared and in which there are no
individual cooking facilities.
• •. Convalescent or • home. 1 structure with sleeping rooms where persons are housed or
lodged and are furnished with meals, nursing and medical care.
• c. Dormitory._A building used as residential group living quarters for a student body or religious
order as an associated use to a school, orphanage or other similar institutional use, and does
not include kitchen facilities except a group kitchen facility to serve all residents.
• d. Group care home. A dwelling shared by no more than five disabled persons, plus resident
staff, who live together as a single housekeeping unit and in a long-term, family -like environment
in which staff persons provide care, education and participation in community activities for the
residents with the primary goal of enabling residents to live as independently as possible in order
to reach their maximum potential. The term 11group care home" shall not include alcoholism or
drug treatment centers, work release facilities for convicts or ex -convicts or other housing
facilities serving as an alternative to incarceration.
• e. Halfway house. A licensed home for inmates on release from more restrictive custodial
confinement, or initially placed in lieu of more restrictive custodial confinement, wherein
supervision, ' i • i •' andcounseling are provided tomainstream back into
society, enabling them to live independently. Such placement is pursuant to the authority of the
Alaska ! i of • •
• 48. Lod�qinqjherenting out of dwelling, or portion thereof,to provide overnight sleeping
motel,accommodations for a period of less than 30 consecutive days. The use includes the providing
of meals to overnight guests only. This use includes bed and breakfast, but does not include
• or •` '
* a. Bed and breakfast. An owner occupied and operated single-family residential dwelling where
lodging with a meal is provided •' •'` • •' on . short-term basis.does not
includeboardinghouses an• separate apartments. '• on I • •' or
longer basis.
• • Boarding or • •' owner occupied building • more ••
available for rent or lease on other than a day-to-day basis and not open to transient guests for
residential occupancy and in which no cooking or dining facilities are provided in the individual
rooms. Meals may be regularly prepared and served for compensation at a table, family -style,
without service or ordering of individual portions from a menu. The term includes lodging house
or •• • house but does not include separate apartments• • a • bath
* c. Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for
hikers, cyclists or othernot generally traveling by
• d. Hotel. A facility with six or more guest rooms and on -premises management offering transient
lodging accommodations to the general public on a daily rate where access to all sleeping rooms
is through a main entrance and which may provide food, entertainment, meeting rooms,
recreational facilities or various personal services. Includes lodges and inns.
• e. Motel. A building, or group of detached or connected buildings, having six or more guest
rooms, an on -premises manager and parking conveniently located on the premises, which are
designed primarily to offer sleeping accommodations, with or without meals, to the motoring
public on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts
and similar terms.
15.10.225(b) Land Uses AHowed Lodging as defined in section 15.10-140B. is allowed i
accordance with table""I'll'I'll""I'511,1111,1,1,1,1,Ill""I'll",,,,,,,,,ofthis chapterand subjectto the following conditions: i
(1) Regardless of the date such use began, an annual administrative permit is required. Prior to
issuing the permit, the city shall conduct an annual life safety inspection of each guest room to
assure compliance with the current adopted building code door/window egress standards, the
presence of an operable and inspected fire extinguisher and adequate smoke detection
systems, a posted evacuation plan, and visible signs showing exit locations.
(2) Parking will be provided in accordance with segl��']�G�l 1 11 or . ..... .... 1110 2,115 of this chapter.
.......... (3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4) Within single and two-family residential districts, lodging is limited to a home occupation
within an owner -occupied dwelling which is the owner's principal place of residence and to the
rental of not more than 50 percent of the bedrooms to a maximum of five.
(5) In all other residential districts, lodging within single-family residences and duplexes is
limited to a home occupation within the business owner's principal place of residence and to
the rental of not more than 50 percent of the bedrooms to a maximum of five.
(6) Within commercial districts, lodging is limited to the rental of not more than five guest
bedrooms regardless of building or business ownership.
(7) Multifamily dwellings used for lodging purposes are not required to be the business or
property owner's residence. The use shall be limited to not more than five apartment units.
(8) The rental of individual rooms for lodging purposes is not extended to apartment unit
tenants.
(9) Regardless of business name, the use of more than five guest bedrooms or apartments is
considered a motel or hotel for building and other code interpretation purposes.
3 1IIIa g e
PARKING REQUIREMENTS FOR LODGING USES TABLE
15.10.215-(b) For each principal building or use within a principal building, there shall be no
less than the number of off-street vehicle parking spaces specified under this section:
Land Use
Minimum Number of Parking Spaces
Single-family and 2-family dwellings
2 parking spaces per dwelling unit
and parish houses
Multiple -family dwellings and other
2 parking spaces per dwelling unit plus 1/2 space for
places containing multiple dwelling
every unit larger than 2-bedrooms or greater than
units
1,000 square feet in size
Hotels and motels
I space per guest unit
Lodging, rooming and boardinghouses
I space per guest room plus spaces for the principal
dwelling unit
TABLE 15.10.225 LAND USES ALLOWED
District
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Apt. in Commercial
Building, one unit
O
O
O
O
O
C
Apt. in Commercial
Building, >one unit
O
O
C
C
In-law
O
0
O
0
O
0
0
Townhouse, row
C
C
C
C
C
C
C
Condo
C
C
C
C
C
C
C
Detached single
Family
O
O
O
O
O
O
O
C
C
Group home
O
0
O
0
O
0
C
Guest house
O
O
Multi -family
>2 units
C
C
C
C
C
C
C
Duplex
O
O
O
O
O
C
C
Ca reta ke r a pt.
O
C
Bunkhouse
C
C
C
Nursing,
convalescent
C
C
C
Dormitory
O
O
0 = ALLOWED OUTRIGHT; C = CONDITIONAL USE PERMIT REQUIRED
5 III
ZONING ABBREVIATIONS AND DEFINITIONS
RR=
ral, very low density single-family residential
R1 =
ingle-family, low density residential
R2=
ingle and two-family, medium density residential
R3=
ingle, two and multi -family, high density residential
UR=
Urban residential, a mix of residential uses and low impact home professional offices
OR=
ffice residential
AC=
uto and neighborhood oriented, light commercial
HC=
arbor commercial
CB=
ntral business district - dense downtown commercial
I =
Industrial
RM=
source management - partially developable lands subject to floodplains and steep slopes
INS=
Institutional, public, quasi -public uses
P =
Parks
(1) Rural residential district Intended to provide for stable, quiet, low density (one or two dwelling units per
acre) detached single-family residential development, free from other uses except those which are both
compatible and convenient to residents of such a district including recreational, religious and educational
facilities of an appropriate scale and design complementary to the neighborhood character.
(2) Single-family residential district (RU Intended to provide for stable and quiet low to medium density (one to
five dwelling units per acre) detached, single-family residential development, free from other uses except those
which are both compatible and convenient to residents of such a district.
(3) Two-family residential district Medium density (one to seven dwelling units per acre) transitional
housing area with a mix of single and two-family units, free from other uses except those which are both
compatible and convenient to residents of such a district.
(4) Multi -family residential district Intended to provide opportunities for a higher density residential setting
with a mix of housing units which are predominately multi -family units close to concentrations of public services,
employment and/or recreation. This district may provide a transition between more intensive districts and lower
density residential areas if sufficient screening and design features are provided to protect multi -family
residences from undesirable effects.
(5) Urban residential district i Intended to allow an area of higher density mixed residential uses from
,�etached single-family housing to multi -family apartments in conjunction with compatible low impact
professional office uses in the area surrounding the downtown business district.
(6) Office/residential district (OR). Intended to provide for medium density residential, commercial and office
development designed to act as a transition zone between the high density central business district and
surrounding medium -high density residential districts.
(7) Harbor commercial district (HQ. Provides an area for water -dependent or water -related uses with particular
emphasis on transportation, tourist, recreational, commercial or industrial enterprises which derive major
economic or social benefit from a harbor location.
(8) Auto commercial district (AC). Intended to provide areas to accommodate highway -oriented commercial
activities such as offices, certain institutional uses, and limited personal services and retail uses requiring
substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas,
and which do not materially detract from nearby residential areas.
(9) Central business district Provides for an area of convenient, attractive, concentrated commercial
development primarily intended for retail, financial, entertainment and professional services occurring within
enclosed structures. Regulations applying to this zone are designed to encourage a compact group of
businesses of the type which are mutually beneficial and located close enough together to encourage walk-ir
trade.
(10) Industrial distri Established as a district in which the principal use of land is for business,
manufacturing, processing, fabricating, repair, assembly, storage, wholesaling and distributing operations,
which may create some nuisance and which are not properly associated nor compatible with residential land
uses. It is intended to provide environmental safeguards for people employed in or visiting the district. Some
visual amenity is expected in this district to make it compatible with adjoining residential or business districts=
(11) Institutional district (INS). Public and private educational, administrative, government and health care uses,
including public land reserve for future public development. The development standards are intended to set a
high standard to assure that the activities provide visual amenity to the surrounding area.
(12) Parks district Is intended to designate park, recreation and commemorative property owned by the city,
state or federal governments for recreation and other compatible public purposes.
(13) Resource management district (RM).,Lands which are generally undeveloped and cannot be precisely
zoned due to inadequate information on the extension of public services and utilities; the suitability of the land
to support commercial, residential, industrial or public uses; and other possible environmental consideration.
Quick Guide to Forming a Special Assessment District
Chapter 8 of the Seward Municipal Charter establishes the authority and Seward City Code Title
5, Chapter 20 governs the formation of Special Assessment Districts (aka Local Improvement
Districts, Utility Assessment Districts, etc.). The following are excerpted from those documents:
• One or more specially benefitted lots or parcels can become a special assessment district
• All of the costs, but not more than the costs, including design and engineering, legal etc.,
shall be levied against the benefitted properties In proportion to the benefit received.
• If protests are made by the owners of 50% or more of the properties affected, the district
shall not proceed unless the protests are resolved. There are exceptions for public health,
welfare and safety.
• Districts can be initiated by the City Council or by petition from landowners.
• Steps to be followed in forming an assessment district:
o Council or owners bearing at least 50% of costs initiate the process,
o City manager develops report describing necessity, extent, and estimated total
costs of the improvements,
o City Council holds public hearing to determine the necessity,
o Council passes a resolution to either proceed or not proceed with the district,
o Council holds a public hearing on the roll (properties to be benefitted and
assessed), and determines the method for spreading the costs among the
properties. (Public meeting notice requirements include notification of each
property owner within the proposed district.)
o The improvements are constructed, the costs computed, and the final assessment
roll and apportionment prepared,
o Council holds public hearing on the assessment role developed by the City
Manager, with opportunity for objection, makes any adjustments necessary, and
passes a resolution confirming the final assessment roll,
o Levy and payment schedules are set by Council resolution.
• Bonds can be issued to pay the costs of improvements, all those costs to be borne by the
benefitted properties.
• The City has first lien priority against all real property subject to district assessments.
• All properties, including otherwise tax exempt properties, are subject to assessment.
• Receipts from assessments can only be used to pay the costs of the improvements and to
principal and interest on City indebtedness for same.